beta
(영문) 대전지방법원 2015.05.28 2014나107435

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

Plaintiff (Counterclaim Defendant) due to a traffic accident stated in the statement.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in Articles 1 and 420 of the Civil Procedure Act, in addition to the dismissal of part of the judgment of the court of first instance as follows. Thus, the reasoning for the court’s explanation concerning this case is as stated in the main text of Article 420 of the Civil Procedure Act.

【Supplementary order】 From 4th to 19th, the main part is as follows.

According to the evidence Nos. 3, 4, 5 and 7, and evidence Nos. 5 (including the number of pages), the result of the physical examination by the court of first instance for the director of the branch hospital of Chungcheongnamnam University, and the result of the fact-finding by the court of first instance for the director of the hospital of Chungcheongnamnam University, and the purport of the whole pleadings, the defendant paid a total of KRW 4,387,300 for the medical expenses due to the accident of this case after suffering injuries, such as forecast signboards escape, etc. from around 6-7, and the defendant incurred a total of KRW 4,387,300 for the medical expenses. The defendant can find the fact that the degree of contribution to the evidence No. 2 of this case is about 75% prior to the accident of this case, and there is no other counter-proof. Therefore, the plaintiff's assertion that the above selective medical expenses should be excluded from the evidence No. 1,096,825 won (i.e., the degree of injury of the plaintiff's selective medical expenses).

“80,000 won” in the third sentence of the fifth sentence is deemed to be “2,096,825 won (i.e., medical expenses of KRW 1,096,825).”

The first and fifth instances of the 5th sentence “not later than November 11, 2014, which is the date of the pronouncement of the instant case” refer to KRW 800,000, which is the part cited in the first instance judgment, until November 11, 2014, which is the date of the pronouncement of the first instance judgment.